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Q&A: The ‘Illah (legal reason) revolves with the cause, whether it is present or not

Question: Assalamu Alaykom Wa Rahmatullah Wa Barakatuhu, may Allah bless your efforts and reward you with goodness… Our respected Shaykh, I would like to ask about the Shari’ah principle: “The ‘Illah revolves around the cause, whether it is present or not…” the question is: “He (saw) was asked about the permissibility of selling the ripe dates ( ruTab ) for dried dates ( tamr ), the Prophet (saw) said: «أَنَّهُ سُئِلَ عَنْ جَوَازِ بَيْعِ الرُّطَبِ بِالتَّمْرِ، فَقَالَ النَّبِيُّ   e : هَلْ يَنْقُصُ الرُّطَبُ إِذَا يَبِس؟ فَقَالُوا: نَعَمْ، فَقَالَ: فَلاَ إِذَنْ » “Do  ruTab  decrease (become lighter) when they dry?” They said: yes. He (saw) said: “then no.” Now if we know the exact amount of shortfall and replaced it, is it permissible to sell it? In other words, if the ripe dates ( ruTab ) weighed one kilo, and when it turns into dried dates ( tamr ) it becomes 900 grams, may we sell 900 grams of dried dates for the price of one kilo of ripe dates? If the answer is no, what i

Oh Muslims of Sri Lanka

The eyes have not dried, the anger has not subsided, and the pain remains like an open wound when we see the plight of the Muslims in Myanmar, Syria, Palestine, and Yemen. And now we add the plight of the Muslims in Sri Lanka! Allahu Akbar! Allahu Akbar! Allahu Akbar! Prophet Muhammad (saw) said, “Verily the destruction of the Ka’ba, rock by rock is lighter to Allah than the spilling of the blood of a Muslim.” (reported in Tirmidhi) The violence in Sri Lanka has spread like wild-fire from Digana to many districts of Kandy such as Akurana, Ambatenna, Madawala, Pudukkada, Ambanthala, Katugostota, Dehianga as hard-line Buddhists lead impressionable and ignorant followers, like a herd of thugs, attacking Muslims, their properties and their businesses. This has rekindled memories of the communal and ethnic clashes and atrocities that engulfed Sri Lanka from 1983 until an uneasy peace was put in place in 2009. Similar to the plight of the Rohingya Muslims, the Muslims in Sri Lanka ar

Aqsaam Al-Waajib (the categories of the obligation)

The following is from the translation of the book,  Al-Waadih  Fee Usool ul-Fiqh  (The Clear Principles of Islamic Jurisprudence) by  Muhammad Hussein Abdullah: The Waajib is divided or categorised in accordance to different considerations. As such, there is a division in respect to its performance (Adaa’), another in respect to its evaluation (Taqdeer), a third in respect to its designation and a fourth in respect to the one who has been charged with it (Mukallaf). The categories of the Waajib in consideration of its time of performance or undertaking Waajib Mutlaq and Waajib Muqayyad (The unrestricted obligation and the restricted obligation): 1 – Al-Waajib Al-Mutlaq (unrestricted obligation): This is what the Shaari’ (Legislator) has requested to be done without restricting it to a specific time and an example of this type is the Qadaa’ of Ramadhaan for the one who did not fast due to a Shar’iy ‘Udhr (excuse/reason) like sickness or travelling. That is because he can make Qa

Shaykh Taqiuddin Nabhani’s Argument for God

By Shafiul Huq Shaykh Taqiuddin an-Nabhani’s (may Allah have mercy on him) argument for the existence of a creator is best summarised in the brief paragraph below from his concise, yet profound, book,  Nidham ul-Islam : “The reason that things must have a creator, is because the things which are comprehensible by the mind that is man, life, and the universe, are limited, weak, imperfect, and are in need for something other than themselves. Man is limited, because he grows in every aspect to a certain limit that he cannot surpass, so he is limited. Life is limited, because it manifests itself only in individuals, and what is noticed by the senses is that it is concluded with the individual, thus it is limited. The universe is limited, because it is the sum of celestial bodies, and each body is limited; and the sum of limited things is self-evidently limited. Thus, man, life, and the universe are definitely limited. When we ponder on the limited (thing), we see that it is not azali

Explanation of the hadith prophesying Al-Quds as the future capital of the Khilafah

There are two similar hadith narrated in the book Tarikh Dimashiq (History of Damascus) by Ibn `Asakir al-Dimashqi al-Shafi`i al-Ash`ari (1106–1175) related to the future capitals of the Khilafah. These are: قَرَأْتُ بِخَطِّ أَبِي الْحُسَيْنِ مُحَمَّدِ بْنِ عَبْدِ اللَّهِ الرَّازِيِّ ، أنا أَبُو الْحَسَنِ أَحْمَدُ بْنُ عُمَيْرِ بْنِ جَوْصَا ، أَنْبَأَنَا أَبُو عَامِرٍ مُوسَى بْنُ عَامِرٍ ، أَنْبَأَنَا الْوَلِيدُ بْنُ مُسْلِمٍ ، أَنْبَأَنَا مَرْوَانُ بْنُ جَنَاحٍ ، عَنْ يُونُسَ بْنَ مَيْسَرَةَ بْنِ حَلْبَسٍ ، قَالَ : قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : ” هَذَا الأَمْرُ كَائِنٌ بَعْدِي بِالْمَدِينَةِ ، ثُمَّ بِالشَّامِ ، ثُمَّ بِالْجَزِيرَةِ ، ثُمَّ بِالْعِرَاقِ ، ثُمَّ بِالْمَدِينَةِ ، ثُمَّ بِبَيْتِ الْمَقْدِسِ ، فَإِذَا كَانَ بِبَيْتِ الْمَقْدِسِ فَثَمَّ عُقْرُ دَارِهَا ، وَلَنْ يُخْرِجَهَا قَوْمٌ فَتَعُودَ إِلَيْهِمْ أَبَدًا “  . يَعْنِي بِقَوْلِهِ بِالْجَزِيرَةِ : أَمْرٌ مَرْوَانَ بْنَ مُحَمَّدٍ الْحَمَّارَ ، وَبِقَوْلِهِ بِالْمَدِينَةِ : بَعْدَ الْعِر